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Retired Treasury officer


A sale of agreement of a house property was executed by respondent in favour of petioner but subsequently failed to perform his part resulting into civil suit under specific performance act.

Trial court granted degree in favour of plantiff which was appealed against in Dist court by respondent but Dist Court upheld the decision of trial court in favour of plantiff

Again Respondent filed appeal in High court against the order of Dist court.

During pendency of appeal both respondent as well plantiff expired and

 5 sons of respondents and 4 sons of plantiff were promptly  brought on record as LRS

subsequently Matter in the high court was decided in favour of respondent

Plantiff appealed against the order of high court in the supreme court

Matter was pendng in the supreme court for more than 12 years ,during this pendency one son out of 4 sons of plantiff died leaving behind his wife and two sons (all major) but  incidently no steps were taken to bring LRs  of plantiffs grand children as well daughter in law as LRS  (two sons and wife of deceaseds son of plantiff)) who  was expired  during pendency at supreme court and the SLP was disposed off  by supreme court as disssmissed  without having names of LRs on record.

Another Moot point to be noted is that through out period of 20 years proceedings  house under litigation was and is  under possesson of plantiff

May I please be enlighten  whether the decision passed by supreme court is valid without having LRs on record?

post disposal of SLP Is there any remedies available for correctng the mistake of not bringing LRs on record in the  supreme court  I mean now that is even after verdict was out to set right the record staright ?

What is the further course of action in the matter left to plantiff in the face of adverse order passed by top court to safe gauard the property already under his possession for a substantial period of more than 12 years




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